American Food and Vending Spring Hill, TN; Notice of Negative Determination Regarding Application for Reconsideration, 28302-28303 [2010-12107]

Download as PDF 28302 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 TA–W–70,949M: Chrysler LLC, Mopar Parts Distribution Center, Mansfield, MA. TA–W–70,949N: Chrysler LLC, Mopar Parts Distribution Center, Plymouth, MN. TA–W–70,949O: Chrysler LLC, Mopar Parts Distribution Center, Streetsboro, OH. TA–W–70,949P: Chrysler LLC, Mopar Parts Distribution Center, Orlando, FL. TA–W–70,949Q: Chrysler LLC, Mopar Parts Distribution Center, Milwaukee, WI. TA–W–70,949R: Chrysler LLC, Mopar Parts Distribution Center, Warren, MI. TA–W–70,949S: Chrysler LLC, Mopar Parts Distribution Center, Marysville, MI. TA–W–70,949: Chrysler LLC, Mopar Parts Distribution Center, Center Line, MI. Determinations Terminating Investigations of Petitions for Worker Adjustment Assistance After notice of the petitions was published in the Federal Register and on the Department’s Web site, as required by Section 221 of the Act (19 U.S.C. 2271), the Department initiated investigations of these petitions. The following determinations terminating investigations were issued because the petitioner has requested that the petition be withdrawn. TA–W–71,562: Magneti Marelli Powertrain USA, LLC, Sanford, NC. TA–W–71,734A: Morris Yachts, Inc., Trenton, ME. TA–W–71,734: Morris Yachts, Inc., Bass Harbor, ME. TA–W–73,287: HP Enterprise Services, Formerly Known As EDS/HP, Fort Worth, TX. TA–W–73,304: Suntron Corporation, Newberg, OR. TA–W–73,337: Vector CANtech, Novi, MI. TA–W–73,340: Carestream Health, Inc., Sensitizing Department, Windsor, CO. TA–W–73,387: CC Forbes, Big Lake, TX. TA–W–73,442: International Business Machines Corporation, IT Support 7—IBM, Boulder, CO. TA–W–73,452: Safmarine, Inc., Madison, NJ. TA–W–73,474: Managed Business Solutions, Santa Rosa, CA. TA–W–73,571: Halliburton, Duncan, OK. TA–W–73,744: Sony Ericsson, USA, Research Triangle Park, NC. TA–W–73,834: William B. Altman, Inc., Fenelton, PA. TA–W–73,839: Duthler Ford Truck, Inc., Wyoming, MI. VerDate Mar<15>2010 15:45 May 19, 2010 Jkt 220001 The following determinations terminating investigations were issued in cases where these petitions were not filed in accordance with the requirements of 29 CFR 90.11. Every petition filed by workers must be signed by at least three individuals of the petitioning worker group. Petitioners separated more than one year prior to the date of the petition cannot be covered under a certification of a petition under Section 223(b), and therefore, may not be part of a petitioning worker group. For one or more of these reasons, these petitions were deemed invalid. TA–W–72,895: Clark Construction, El Dorado, TX. TA–W–73,300: Wood-Mode, Kreamer, PA. The following determinations terminating investigations were issued because the petitioning groups of workers are covered by active certifications. Consequently, further investigation in these cases would serve no purpose since the petitioning group of workers cannot be covered by more than one certification at a time. TA–W–71,317: Product Action, Toledo, OH. TA–W–73,749: Assembly and Test Worldwide, Inc., Shelton, CT. I hereby certify that the aforementioned determinations were issued during the period of April 12, 2010 through April 23, 2010. Copies of these determinations may be requested under the Freedom of Information Act. Requests may be submitted by fax, courier services, or mail to FOIA Disclosure Officer, Office of Trade Adjustment Assistance (ETA), U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 or to foiarequest@dol.gov. These determinations also are available on the Department’s Web site at http:// www.doleta.gov/tradeact under the searchable listing of determinations. Dated: May 13, 2010. Del Min Amy Chen, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 2010–12110 Filed 5–19–10; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–72,606] American Food and Vending Spring Hill, TN; Notice of Negative Determination Regarding Application for Reconsideration By application dated April 6, 2010, the International Union, United PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 Automobile, Aerospace and Agricultural Implements Workers of America, Local 1853 (Union) requested administrative reconsideration of the Department’s negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of the subject firm. The determination was signed on March 19, 2010. The Department’s Notice of determination was published in the Federal Register on April 23, 2010 (75 FR 21358). Pursuant to 29 CFR 90.18(c), reconsideration may be granted under the following circumstances: (1) If it appears on the basis of facts not previously considered that the determination complained of was erroneous; (2) If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or (3) If in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. The negative determination applicable to workers and former workers at American Food and Vending, Spring Hill, Tennessee, was based on the findings that the subject firm did not, during the investigation period, shift to a foreign country services like or directly competitive with the cafeteria services or vending machine services supplied by the workers or acquire from a foreign country services like or directly competitive with the cafeteria services or vending machine services supplied by the workers; that the workers’ separation, or threat of separation, was not related to any increase in imports of like or directly competitive services or a shift in service/acquisition abroad; and that the workers did not supply a service that was directly used in the production of an article or the supply of service by a firm that employed a worker group that is eligible to apply for TAA based on the afore-mentioned article or service. In the request for reconsideration, the Union stated that the workers of the subject firm should be eligible for TAA because they are service workers who provided services to General Motors, Spring Hill, Tennessee, and were laid off at the same time as workers of Premier Manufacturing Support Services (a services provider to General Motors, Spring Hill, Tennessee, who were certified eligible to apply for TAA on March 12, 2010, under TA–W– 72,379). The difference in the determinations is based on the difference in the companies’ relationships to the E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices production process at General Motors, Spring Hill, Tennessee. The workers of Premier Manufacturing Support Services provided services (janitorial, maintenance, and hazardous waste disposal) that were directly involved in the production process at General Motors, Spring Hill, Tennessee. In contrast, the worker of the subject firm provided services (cafeteria services and vending machine services) that are not directly involved in the production process at General Motors, Spring Hill, Tennessee. In the request for reconsideration, the Union also asserts that the workers ‘‘are under the operational control of the General Motors Corporation in Spring Hill, Tennessee and were considered joint employees.’’ A careful review of previouslysubmitted information from American Food and Vending revealed no evidence that supports either of the aforementioned assertions. For example, the workers’ wages have not been reported under any Federal Employer Identification Number (FEIN) other than the subject firm’s FEIN. The petitioner did not supply facts not previously considered; nor provide additional documentation indicating that there was either (1) a mistake in the determination of facts not previously considered or (2) a misinterpretation of facts or of the law justifying reconsideration of the initial determination. After careful review of the request for reconsideration, the Department determines that 29 CFR 90.18(c) has not been met. Conclusion wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. Signed in Washington, DC, this 3rd day of May 2010. Del Min Amy Chen, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 2010–12107 Filed 5–19–10; 8:45 am] BILLING CODE 4510–FN–P VerDate Mar<15>2010 15:45 May 19, 2010 Jkt 220001 28303 Signed in Washington, DC, this 4th day of May, 2010. Del Min Amy Chen, Certifying Officer, Division of Trade Adjustment Assistance. DEPARTMENT OF LABOR Employment and Training Administration [TA–W–71,401] [FR Doc. 2010–12115 Filed 5–19–10; 8:45 am] Setco Automotive, Inc., Paris, TN; Notice of Revised Determination on Reconsideration BILLING CODE 4510–FN–P By application dated April 5, 2010, the Tennessee AFL–CIO Technical Assistance Office (Union) requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of the subject firm. The initial investigation resulted in a negative determination, issued on March 9, 2010, that was based on the finding that there was no increase in imports by the workers’ firm or customers of the subject firm, nor was there a shift or acquisition by the workers’ firm, and neither the workers’ firm nor its customers reported imports of articles like or directly competitive with articles into which the automotive clutch products produced by the workers’ firm was directly incorporated into. The Department’s Notice of determination was published in the Federal Register on April 23, 2010 (FR 75 21358). The reconsideration investigation revealed that, during 2008 and 2009, the subject firm sold component parts (automotive clutch products) to be incorporated into an article to a firm that employed a worker group currently eligible to apply for TAA, and that the article was the basis for the certification. The subject firm’s sales to that customer in each of those two years amounted to approximately twenty percent of the subject firm’s total sales. NUCLEAR REGULATORY COMMISSION Conclusion After careful review of the additional facts obtained on reconsideration, I determine that workers of Setco Automotive, Inc., Paris, Tennessee meet the worker group certification criteria under Section 222(c) of the Act, 19 U.S.C. 2272(c). In accordance with Section 223 of the Act, 19 U.S.C. 2273, I make the following certification: All workers of Setco Automotive, Inc., Paris, Tennessee, who became totally or partially separated from employment on or after June 25, 2008, through two years from the date of this certification, and all workers in the group threatened with total or partial separation from employment on date of certification through two years from the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 Sunshine Federal Register Notice AGENCY HOLDING THE MEETINGS: Nuclear Regulatory Commission, [NRC–2010– 0002]. DATE: Week of May 24, 2010. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. ADDITIONAL ITEMS TO BE CONSIDERED: Week of May 24, 2010 Thursday, May 27, 2010 9:25 a.m. Affirmation Session (Public Meeting) (Tentative). a. South Texas Project Nuclear Operating Co. (South Texas Project Units 3 and 4), Intervenors’ Notice of Appeal, Brief in Support of Intervenors’ Appeal of Atomic Safety and Licensing Board’s Order of January 29, 2010 (Feb. 9, 2010) (Tentative). This meeting will be Webcast live at the Web address—http://www.nrc.gov. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: http://www.nrc.gov/about-nrc/policymaking/schedule.html. * * * * * The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., braille, large print), please notify Angela Bolduc, Chief, Employee/Labor Relations and Work Life Branch, at 301– 492–2230, TDD: 301–415–2100, or by email at angela.bolduc@nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. * * * * * This notice is distributed electronically to subscribers. If you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301–415–1969), E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Notices]
[Pages 28302-28303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12107]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-72,606]


American Food and Vending Spring Hill, TN; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated April 6, 2010, the International Union, United 
Automobile, Aerospace and Agricultural Implements Workers of America, 
Local 1853 (Union) requested administrative reconsideration of the 
Department's negative determination regarding eligibility to apply for 
Trade Adjustment Assistance (TAA), applicable to workers and former 
workers of the subject firm. The determination was signed on March 19, 
2010. The Department's Notice of determination was published in the 
Federal Register on April 23, 2010 (75 FR 21358).
    Pursuant to 29 CFR 90.18(c), reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) If it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) If in the opinion of the Certifying Officer, a 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The negative determination applicable to workers and former workers 
at American Food and Vending, Spring Hill, Tennessee, was based on the 
findings that the subject firm did not, during the investigation 
period, shift to a foreign country services like or directly 
competitive with the cafeteria services or vending machine services 
supplied by the workers or acquire from a foreign country services like 
or directly competitive with the cafeteria services or vending machine 
services supplied by the workers; that the workers' separation, or 
threat of separation, was not related to any increase in imports of 
like or directly competitive services or a shift in service/acquisition 
abroad; and that the workers did not supply a service that was directly 
used in the production of an article or the supply of service by a firm 
that employed a worker group that is eligible to apply for TAA based on 
the afore-mentioned article or service.
    In the request for reconsideration, the Union stated that the 
workers of the subject firm should be eligible for TAA because they are 
service workers who provided services to General Motors, Spring Hill, 
Tennessee, and were laid off at the same time as workers of Premier 
Manufacturing Support Services (a services provider to General Motors, 
Spring Hill, Tennessee, who were certified eligible to apply for TAA on 
March 12, 2010, under TA-W-72,379).
    The difference in the determinations is based on the difference in 
the companies' relationships to the

[[Page 28303]]

production process at General Motors, Spring Hill, Tennessee. The 
workers of Premier Manufacturing Support Services provided services 
(janitorial, maintenance, and hazardous waste disposal) that were 
directly involved in the production process at General Motors, Spring 
Hill, Tennessee. In contrast, the worker of the subject firm provided 
services (cafeteria services and vending machine services) that are not 
directly involved in the production process at General Motors, Spring 
Hill, Tennessee.
    In the request for reconsideration, the Union also asserts that the 
workers ``are under the operational control of the General Motors 
Corporation in Spring Hill, Tennessee and were considered joint 
employees.''
    A careful review of previously-submitted information from American 
Food and Vending revealed no evidence that supports either of the 
afore-mentioned assertions. For example, the workers' wages have not 
been reported under any Federal Employer Identification Number (FEIN) 
other than the subject firm's FEIN.
    The petitioner did not supply facts not previously considered; nor 
provide additional documentation indicating that there was either (1) a 
mistake in the determination of facts not previously considered or (2) 
a misinterpretation of facts or of the law justifying reconsideration 
of the initial determination.
    After careful review of the request for reconsideration, the 
Department determines that 29 CFR 90.18(c) has not been met.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed in Washington, DC, this 3rd day of May 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-12107 Filed 5-19-10; 8:45 am]
BILLING CODE 4510-FN-P